You have a right to claim a tenants rights violation.
Your landlord cannot violate the rights you have as a tenant.You can claim a violation of your rights if you write a letter to your landlord.The purpose of the letter is to give the landlord time to stop the violations.Although a letter may be successful, you should document the violation and be prepared to file a lawsuit if necessary.
Step 1: Make a list of possible violations.
Your rights as a tenant can be violated by a landlord.The violation of your right to privacy is the most common.Before entering an apartment, a landlord must give you written notice.The right to have the property maintained is one of the rights you may have.The apartment needs to be kept clean.Repairs should be made quickly.There is a right to heat and hot water.Hot water needs to be available 24 hours a day.It is necessary to have heat to maintain a comfortable temperature.There is a right to fair treatment of your security deposits.You need to know where your security deposit is being held.After withholding allowable deductions, the landlord should return it to you in a timely manner.There is a right to reasonable subleases.You have the right to sub lease in some states.You need to get the landlord's permission before subleasing.There is a right to be free from lock-out.If you don't pay rent, your landlord will have to bring a lawsuit in court to evict you, not change the locks on you.There is a right to be protected from an eviction.Your landlord can't evict you if you complain about the conditions of your apartment.There are other rights created by your lease.You should read your lease to understand your rights as a tenant.
Step 2: You should check to see if you were given notice.
Check if your landlord gave you notice if you claim a violation of your right to privacy.The notice your landlord must give you before entering the apartment will be determined by your state and local law.How much advance notice your landlord must give you should be explained by the law.In Washington, a landlord must give at least 48 hours' notice before showing an apartment to a prospective tenant.The date and time of entry are listed in the notice.Go through your papers and see if you received a written notification.Most laws require written notification.
Step 3: The evidence of entry should be saved.
When the landlord entered your apartment, you may not have been home.If you have evidence that the landlord entered your apartment, you should save it.The witness's name and contact information should be taken down if a neighbor heard or saw the landlord.Someone may have broken something in your apartment.Take pictures of the broken object.Landlords can enter for emergencies.Ask the landlord for any evidence of an emergency.You should be able to get it from him or her.A neighbor may have heard your smoke alarm.
Step 4: Document other violations.
You need evidence if you want to file a lawsuit.If you want to claim that the landlord violated your rights, you have to go to court.Your landlord could deny committing any violation.Hold onto documents that show a violation.Take pictures of your apartment if your landlord doesn't return the security deposit.Try to get the testimony of someone who helped you clean the apartment.You can call the police if you were locked out.A landlord cannot lock you out of your apartment.If you have to, you should get a police report.
Step 5: Talk to your landlord about what's going on.
If the violation is serious, you may want to talk to your landlord.If you have a good relationship, your landlord will appreciate a conversation first.You can send a short note with your understanding of what was said.Let me know when the violations will be fixed.
Step 6: Send a letter.
Your landlord should be notified in writing of any violations.If you want to protect your rights, you need to make a request for the landlord to stop violating you.You can find many form letters on the internet.It is possible that your state law has specific requirements about what you should include in the letter.
Step 7: A word processing document can be opened.
A standard business letter is what you should make your letter.Set the fonts to a comfortable size and style when you open a blank word processing document.The New Roman 12 point is fairly standard.The letter should be aligned to the left-hand margin.If you want to double space your paragraphs, use a block style.
Step 8: Date and address are needed.
The date you are writing is at the top.Place the landlord's business address down two lines.The salutation, "Dear Mr. Smith," is two lines down from the address.
Step 9: Explain what happened.
The violations should be explained in the first paragraph.It is possible to be as specific as possible.Dates and times should be included.You could explain how the violations have affected you.You could write, "On April 22, 2015, at 12:15 pm and April 24, 2015, you entered my apartment without providing any written notice."You couldn't explain why you needed to come into my apartment.I am usually home sick at those times.Being intruded upon caused me a lot of anxiety.
Step 10: Define the law.
The landlord needs to be reminded about the applicable law in the second paragraph.This information can be found in the state or city in which you live.If you live in California, you can write a letter stating that you have violated your right to privacy.If your unit is too cold, you must adequately heat it so that the temperature doesn't fall below.I have woken up to an apartment in the 40s many times over the past week.I want you to properly heat my unit.
Step 11: The letter should be concluded.
You should tell your landlord that he or she can contact you when convenient.The notice should be enough to correct the violations.If you need to talk with me, please call me at work.You can email me at jon@jonsmith.com with your name in the subject line.
Step 12: Send the letter.
You need to send the letter to the landlord in order to have proof that he received it.If the landlord is on notice of a violation, you can file a lawsuit in court.Attach the return receipt to the letter with a copy of it.
Step 13: You can find the appropriate agency.
State or municipal housing codes can be reported.Failure to provide adequate heat or hot water, unsanitary conditions such as mold or vermin, missing or broken doors and windows, as well as other health or safety issues can be reported.If the landlord is in violation of a government regulation, you should not contact the government agency.It is not required by law for your landlord to make an agreement with you.Your landlord might agree to paint your walls as part of the lease.Your right to freshly-painted walls is created by your lease, not by government regulations.You shouldn't complain to a government agency.The phone book can be used to find the appropriate agency.If you want to report housing violation in your city or state, type it.
Step 14: Please call the agency.
You can call a hotline to report building code violations.You can call 311 in New York City.
Step 15: You can report online instead.
An email address or online complaint form can be provided by an agency.New York City has a website at http://www1.nyc.gov.Click on "Make a Complaint" at the left and then select "Get help with Your Home" from the drop down menu.There is an Online Service Request option in Los Angeles.
Step 16: An inspector will be with you.
You can meet with an inspector from the state or city.The inspector will walk through the building.You should be able to meet at any time.If you want to file a lawsuit later, having a government official observe violations can be powerful evidence.If you can, try to get a copy of the inspector's report.
Step 17: Think before you file a complaint.
Although your law may allow you to file a lawsuit for a violation of your rights, you may be creating more problems by doing so.It will strain your relationship if you bring a lawsuit.If you want to continue to rent from the landlord, you should be careful.
Step 18: Seek legal assistance.
If you want advice on whether or not to bring a suit, you should meet with a lawyer.A lawyer can help you come up with realistic solutions.If your relationship with your landlord is bad, you might want to move at the end of your lease.If you want to find a landlord-tenant lawyer, you should visit your state bar association.A referral service may be run by your state bar association.It is possible that costs are a concern.In many states a lawyer can offer unbundled legal services.The lawyer only does the work that you give him or her.You could hire a lawyer to help you.If you want a lawyer to look over your lease, you can.
Step 19: Think about mediation.
mediation can be used to settle your dispute with your landlord.The mediator is not a judge and does not decide who is right or wrong.The mediation tries to get landlords and tenants to agree on solutions.Each side will be allowed to discuss any relevant issue during mediation.Discuss your emotions with your landlord.Once each side is allowed to blow off some steam, a solution can be presented in the mediation.The landlord and the mediator might meet in separate rooms if no resolution is reached quickly.The mediation talks about what each party wants.When the parties are close to an agreement, everyone goes to the mediation in order to find a solution.If you want to find mediation services for landlord-tenant disputes, call your city manager or mayor's office.It is possible to stop into your local courthouse and ask.For free or very low fee, these programs should be offered.
Step 20: You can find the correct court.
If you want to go ahead with a lawsuit, you need to find the right court.Depending on where you live, you will most likely be sued in small claims court or housing court.There are caps on small claims courts.The cap in your state could be anywhere from $4,000 to $10,000.If you are trying to get more money than the cap, you need to go to regular civil court.
Step 21: If you have a complaint, file it.
You should have been able to use the forms printed by the courts.Ask the court clerk for a complaint form.You can start a lawsuit by filing a complaint.Each of your landlord's violations are alleged in the complaint.The complaint is filed with the court clerk.It is likely that you will have to pay a filing fee.The court clerk can give you the fee amount.If you can't afford it, ask the court clerk to waive the fee.You will have to serve notice of the lawsuit on your landlord.The court clerk can give you acceptable methods of service.Typically, you can serve notice by having someone 18 or older personally serve a copy of the complaint and a summons on the landlord.There is a time limit for serving notice.Ask the court clerk how much time you have.It's a good idea to not wait.
Step 22: Represent yourself in the courtroom.
Small claims and housing courts have been designed so that you don't have to rely on a lawyer.It's important to have enough documentation and evidence to win your case.All evidence should include your letters to the landlord, any photographs or video, and the names of witnesses.If you have to compel a witness to attend, you should ask the court clerk for a subpoena and serve it on the witness.You can find information on how to represent yourself in small claims court.